Medwed Co-Leads Team Examining Controversial Forensic Test
11.28.23 — Since 2013, nine women have gone to prison for murdering their babies based on the lung float test — a controversial analysis used by some medical examiners to help determine whether a child was stillborn or born alive and took a breath. Are these mothers really murderers or are they victims of a test that many medical examiners consider too unreliable? In an October expose, Pro Publica likened the test to a “witch trial,” quoting a range of sources that called the test “pseudoscience masquerading as sound forensics.”
To find the truth, Professor Daniel Medwed and Professor Aziza Ahmed, a former member of the Northeastern Law faculty who is now at Boston University School of Law, are leading the Floating Lung Test Research Study Group. The purpose of the group is to study the medical underpinnings of the lung float test, also referred to as the floating lung test, and determine whether it should be used in court.
The group, which consists of lawyers and medical professionals, is sponsored by Northeastern Law’s Center for Public Interest Advocacy and Collaboration and the Boston University Program on Reproductive Justice. Professors Katie Kraschel and Patricia Williams will also participate in the project.
“Evidence like the lung float test can be powerful in court, but that doesn’t mean it’s necessarily reliable. To label forensic evidence ‘science’ can be a misnomer in situations where there is insufficient data to support the findings,” said Medwed, a criminal law expert who focuses on the topic of wrongful convictions.
According to Pro Publica, many medical experts say that air can enter the lungs of a stillborn child even without breathing. Air can enter when the baby’s chest compresses as it squeezes through the birth canal, through CPR or during the ordinary handling of the body. If the body is decomposed, gases may cause the lungs to float.
Given the US Supreme Court’s decision to strike down the constitutional right to abortion, Medwed and other experts are concerned that the lung float test might gain traction in cases when police and prosecutors raise questions about the circumstances of a birth.
“Many of us fear this test could create another front in the war against women, a war that has reached a new level after the Supreme Court took away the right to reproductive freedom,” said Medwed.
About Northeastern University School of Law
The nation’s leader in experiential legal education since 1968, Northeastern University School of Law offers the longest-running, most extensive experience-based legal education program in the country. Northeastern guarantees its students unparalleled practical legal work experiences through its signature Cooperative Legal Education Program. More than 1,000 employers worldwide in a wide range of legal, government, nonprofit and business organizations participate in the program. With a focus on social justice and innovation, Northeastern University School of Law blends theory and practice, providing students with a unique set of skills and experiences to successfully practice law.
For more information, contact d.feldman@northeastern.edu